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Honeycutt v. State Farm Fire & Casualty Co.12/22/2004
In this case involving a collision between a cow and a motor vehicle, the defendants appeal from a judgment holding the cow owners and their insurer liable for damages sustained by the motorist who struck the cow. We affirm.
FACTS
In the early morning hours of June 5, 2002, Cynthia Honeycutt, age 26, was driving her 1998 Mitsubishi Montero Sport west on Buncombe Road in Caddo Parish. She was going between 50 and 55 mph. She suddenly came upon a cow blocking her lane of traffic. Although she slammed on her brakes, she was unable to avoid hitting the cow. As a result of the collision, Ms. Honeycutt was injured. The cow was killed. Also, the Honeycutt vehicle sustained significant exterior and interior damage. The air bags deployed, and the dashboard was "busted." The front left exterior of the vehicle received severe damage.
On March 13, 2003, Ms. Honeycutt filed suit against Ray McMullen as the owner of the cow. She also named State Farm Fire & Casualty Company as a defendant, asserting that it provided liability coverage to Ray McMullen. On March 28, 2003, Ray McMullen filed an answer in which he denied ever owning the cow. In April 2003, the plaintiff filed an amended petition in which she substituted Larry J. McMullen and Amy L. McMullen as defendants in place of Ray McMullen.
In June 2003, the McMullens and State Farm filed an answer in which they asserted Ms. Honeycutt's fault as the sole cause of the accident.
A bench trial was held on March 3, 2004. Ms. Honeycutt and Larry McMullen were the only witnesses to testify; the deposition of Corporal Richard Lopez of the Caddo Parish Sheriff's Office was admitted into evidence, as was the accident report he wrote. The defendants made a motion in limine that any reference to strict liability be struck from the record since, under La. C.C. art. 2321, a negligence analysis was appropriate. The plaintiff made no objection, and the motion was granted. The parties stipulated that State Farm provided coverage.
Ms. Honeycutt testified that she frequently traveled the road where the collision with the cow occurred. According to her testimony, prior to the accident, portions of the fencing drooped in the area where the wreck happened. By her estimate, the fence drooped low enough for a person to step over it.
As to her injuries, Ms. Honeycutt testified that she suffered burns on her face, arms and chest from the air bags. She also had bruises from the air bags and her seat belt. Since the accident, she said she had been suffering from lower back problems. The morning after the accident she went to Willis-Knighton Quick Care where she was given muscle relaxers to which she had an allergic reaction. She saw a chiropractor, Dr. John Thompson at Pines Chiropractic, from June 11 to October 22, 2002. She worked for Dr. Thompson from November 2002 until May 2003 and received additional free treatment during that time. She was diagnosed with fibroid tumors which her gynecologist said could be causing some back pain; however, a hysterectomy did not cure her back problem.
According to Ms. Honeycutt's testimony, she was unable to continue baby-sitting as a result of the accident; she estimated her lost income at $680.
She said her back pain had restricted her ability to do housework and play with her three children.
Larry McMullen testified that he had lived on Buncombe Road for 32 years. He had 48 acres of fenced property; he ran cattle on about 25 acres. He had replaced the fencing in 1994 or 1995. Some spot repairs were made in 1999. Since the accident, he had replaced a significant portion of the fencing. He testified that he inspected his fen
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